1. Scope of application
These Conditions of Carriage apply to the carriage of persons and baggage including all related services performed by Jet4you, 4, lotissement de la Colline Sidi Maarouf 20190 Casablanca-Morocco, and/or its agents and subcontractors (collectively called "JFU").
JFU shall be entitled to transfer carriage in whole or in part to a subcontractor ensuring that its safety standards are at least equal to those of JFU and the carriage is operated by a company of equivalent quality. JFU may change aircraft and flight numbers.
These Conditions of Carriage also apply to carriage free of charge except when expressly stated otherwise.
2. Booking
Bookings can be made via internet, telephone, travel agencies (in Morocco or France and almost all countries of destination) or at one of our airport agencies . Bookings can be made up to 2 hours prior to departure (3 hours for flights operated by Corsairfly). Later bookings can only be made at the airport desk and before check-in closes 40 minutes before the schedules departure time (1 hour for flights operated by Corsairfly).
You will not receive a paper-ticket. After booking a flight the passenger will be given a confirmation number and, upon request, a booking confirmation by fax or email. It is recommended to present the booking confirmation at check-in.
When a booking is made for several passengers in one booking application the applicant is responsible for the correct and immediate information of all passengers booked by him. The applicant is liable for any damage to JFU resulting out of or in connection with the incorrect or late information transmitted.
Bookings are only valid for the booked flight and person. Change of name at the airport is only accepted upon presentation of a certificate issued by the competent authority proving a change of name between booking and departure. Name change before departure are possible in accordance with the clause 5 our legal terms only.
JFU is not liable for carriage or reimbursement if the confirmation number and a valid passport or ID card are produced at the airport desk by a non-entitled person, if carriage or reimbursement are made in good faith.
3. Fares / Payment
All fares confirmed in the booking are valid only for the confirmed time and place of departure and destination for the person named in the booking confirmation.
Full payment is due when booking is completed. Instalment payments are not accepted.
In certain countries taxes or other charges may be levied by governmental or airport authorities directly from the passenger. These are not included in the fare and thus have to be paid separately by the passenger. Please note that all fares quoted for internet bookings are exclusive of taxes and duties. The total price is shown at Step 3 of the booking process.
In case of non- or late payment JFU is entitled to charge an interest at least equal to the legal interest rate as well as a fee for claiming the damage caused by late payment of 5.50 €, notwithstanding any additional damage resulting from non- or late payment. In case of a charge back (if the amount charged by JFU from the passenger`s bank or credit card company is charged back in full or in part or is claimed otherwise) a charge back fee of €25.00 per booking is due and payable, if the passenger is not in the position to verify, that there is not a marginal or no claim originated for JFU.
Incoming payments will first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the costs, then against the interest and finally against the principal debt.
4. Check-in/Required travel documents
We recommend that all passengers appear for check-in 2h30 prior to the scheduled departure time. Check-in desks close 50 minutes prior to scheduled time of departure. After close down of the check-in system, no check-ins are possible. Passengers must appear at the check-in desk in due time so that they are checked-in and in the possession of a boarding card latest 50 minutes prior to the scheduled time of departure. If a passenger does not meet the check-in deadline indicated, JFU reserves the right to deny carriage and the passenger remains obliged to pay the fare.
For check-in the confirmation number and a valid photo ID (passport, identity card) are required and any visa or additional documents required by/ for the country of destination. Without these documents we reserve the right to refuse transportation. The passenger is responsible to carry with him all necessary documents for the travel to and from the country of destination.
5. Booking changes/ Cancellation
All flight bookings can be changed by calling the JFU customer service centre. This change is subject to the payment of a fee of € 30/ MAD 340 per flight and per passenger up to 12 hours prior to the scheduled departure time.
The passenger will be required to pay the price difference if the fare at the time of the new booking is higher than the original fare (difference with the actual fare at time of new booking). No refunds are made if the new fare is lower than the original fare. All fares quoted for internet bookings are exclusive of taxes and duties The total price is shown at Step 3 of the booking process.
JFU reserves the right to deny carriage and the passenger remains obliged to pay the fare if he fails to appear no later than 40 minutes prior to the scheduled departure time at the check-in desk (1 hour for flights operated by Corsairfly), presenting all required valid documents (passport and visa), in such good time that he can be checked-in and in possession of a boarding card . This also applies if the passenger has notified JFU in advance that he will not appear for the flight.
6. Baggage
(1) Each passenger (except children under 2 years) is entitled to buy 20kg of weight allowance online for a fee of 9.5€ / one way (105 MAD). This weight may be carried in one or more luggage pieces. It is advisable to buy the weight allowance during your booking. This weight allowance is free for the flights Oujda-Brussels south, Nador-Brussels south, Tanger-Brussels. At the airport, unchecked baggage will incur a fee of 20 € / allowance / one way (230 MAD).
Extra weight can be purchased during your booking online at a discounted rate of 8 € / Kg / one way (90 MAD). The rate at the airport is 12 € / kg / flight (140 MAD).
Each passenger is entitled to one piece of hand luggage that respects both these following conditions: a maximum weight of 6 kg and a size of 55cm x 40cm x 20cm.
Every hand baggage that does not meet these conditions will either incur a penalty of 60 € / baggage (680 MAD) at the gate or be denied (sent to the luggage claims’ service).
(2) The baggage tag proves weight and number of checked baggage. Checked baggage must be must be marked with the passenger's name. A violation of the aforesaid can cause exclusion of liability.
(3) JFU reserves the right to refuse carriage if baggage is not packaged/wrapped properly so that safe transportation is secured.
(4) It is not permitted to carry in checked baggage fragile or perishable objects, or objects of great value such as money, jewellery, precious metals, computers, cameras, mobile phones or other electronic equipment, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification documents, house or car keys, medicines or medical items such as glasses, hearing aids, etc. JFU may refuse carriage of these objects as checked baggage and its liability will therefore be limited.
(5) Baggage will be carried on the same aircraft as the passenger except in cases were the airline is of the opinion that such carriage would not be practicable. In such a case the airline will carry the baggage on one of its next flights.
6) Checked baggage will be delivered at the destination airport specified on the baggage tag. The baggage shall be taken by passenger as soon as it is ready for delivery at the airport of destination or at the airport where the flight is interrupted.
7. Special/Excess baggage
Carriage of excess and special/oversized baggage (i.e. baggage in excess of baggage allowance, - in weight and/or measurements such as sports equipment, animals and wheelchairs) is subject to additional fees. Payment of all these additional rates must be effected prior to departure otherwise the passenger has no right to carriage for his baggage.
Carriage of any special baggage or baggage in excess of 50 kg and the transportation of animals, and also guide dogs and carriage of disabled passengers, must be notified and confirmed by the JFU customer service centre, due to limitation of the hold capacity.
Checked baggage in excess of 20 kg is charged at a rate of € 12 / kg per flight (140 MAD).
Sports equipment such as bicycles, surfboards, skis, golf bags, windsurf boards, diving equipment etc. exceeding the hand baggage allowance in weight and/or measurements, weighing up to a maximum of 30 kg, can be carried as checked baggage and will be charged 30€ / 340 MAD per piece and per flight. Items weighing more than 30 kg will be charged at the excess baggage rate 12€ (140 MAD) per Kg.
Carriage of such baggage is limited to 1 piece per passenger. The administration fee is not reimbursable. Carriage of sports equipment must be notified and confirmed by calling the JFU Customer Service Centre, due to safety regulations and limitation of aircraft's hold capacity for excess checked baggage..
Provided that musical instruments do not exceed the customary size and the customary weight for hand luggage, they can be carried in the cabin as hand luggage. Carriage of musical instruments that exceed the customary size and the customary weight for hand luggage must be confirmed by the JFU Customer Service Centre. These instruments will only be carried in a well-packaged condition (hard shell) in the freight hold. If you exceed the free baggage limit of 20 kg, you can take the instrument along for a flat rate of 30€ / 340 MAD per route in the freight hold.
Carriage of excess/special baggage is subject to available capacity and safety regulations. For these reasons carriage of this baggage can be limited or refused.
The rules apply:
a) All baggage must be packaged appropriately and adequately for air transport, sufficiently protected against damage from within and without of the baggage. JFU does not accept responsibility for damages resulting from insufficient packaging.
b) Bicycles must be packaged as specified above. Additionally the wheels of the bicycles have to be turned parallel to the frame, pedals have to be removed and tires deflated. Oxygen cylinders have to be emptied completely.
JFU reserves the right to refuse carriage of baggage not sufficiently packaged.
Carriage of sporting weapons is limited and subject to the prior approval of the carrier, in compliance with the directives of the Pilot in Command and after payment of an non-reimbursable administration fee of 30€ / 340 MAD per flight. The carriage of sporting weapons can be refused without giving reasons. Ammunition that is taken along must be packed securely and separately from the weapon.
8. Carriage of expectant mothers
For the health and safety of expectant mothers JFU applies the following rules:
a) JFU will carry expectant mothers up to the 28th week of pregnancy (this also applies for the return flight) without a doctor's certificate. JFU may request a doctor's certificate proving that the passenger is no more than 28 weeks pregnant;
b) from the 29th to the 37th week of pregnancy carriage is only allowed on presentation of a doctor's certificate,
c) as of the 37th week of pregnancy, or the 30th week in case of twins, carriage is not allowed.
If the expectant mother has booked a return flight she has to comply with these rules at the time of the return flight.
9. Carriage of disabled passengers
(1) Carriage of one wheelchair per disabled person free of charge is allowed and has to be applied for when the booking is made. Due to safety reasons the number of wheelchairs is limited to 2 per flight. Wheelchairs must be collapsible. Motorized wheelchairs are only permitted when powered by a dry battery.
(2) JFU is permitted to carry 1 visually handicapped passenger per flight together with his/her guide dog in the cabin. Transportation of the guide dog is free of charge.
Due to the strict legal regulations for the transportation of guide dogs to the UK, Ireland and Sweden, carriage is provided in compliance with the rules in paragraph 12..
(3) Due to safety reasons and limited capacity the transportation of a wheelchair or a guide dog is subject to prior notification and reconfirmation via the JFU Customer Service Centre. Transportation is only accepted in case of prior reconfirmation.
(4) Persons accompanying the disabled person are required to pay the full price; there is no right of free transportation.
10. Carriage of children and infants
Infants under the age of 2 will be carried for a reduced fare of only 40€ / 450 MAD per flight under the following conditions:
The transportation of an infant has to be notified in advance and reconfirmed. The capacity is limited to 10% of the seats. To determine the age of the infant, the age at the time of flight (in case of a return flight, at the return flight) is decisive. Infants younger than 2 years must travel on their parent or guardian's lap. Infants do not have a right to their own seat or free baggage allowance (neither hand baggage nor checked baggage). Only one infant per one adult is permitted.
No fare reductions apply for children at the age of 2 years and older. Up to their 12th birthday, children/adolescents will only be carried if accompanied by a person aged at least 16 who assumes responsibility for them. As of their 12th birthday, children/adolescents will be carried without an accompanying person only on submission of a written declaration of consent signed by a parent or guardian. In this case the child must be booked as an "Adult".
For children aged between 5 an 12, who are travelling alone, we offer an escort service. This service is charged 60€ / 680 MAD per child and route over and above the fare. For more information or to book this service, please contact the JFU Customer Service Centre. In this case the child must be booked as an "Adult".
Some countries may require a filled-in form of authorization of the legal guardian to leave their home country for children and teenagers under the age of 18 years. It is the passenger`s responsibility to present these documents. JFU does not offer attendance or supervision for travellers. JFU declines any responsibility for unattended travel or insufficient attendance.
11. Carriage of animals
JFU accepts one dog or cat per passenger for a non-reimbursable administration fee of 30€ / 340 MAD per animal and flight segment in the cabin and 50€ / 565 MAD per animal and flight segment in the hold, if carriage of the animal has been requested with the booking, indicating the weight of the animal, and transportation of the animal has been reconfirmed.The passenger has to provide a proper and secure travel container for the animal. All animals weighing more than 6 kg will be carried in the hold. Passenger is required to provide, for carriage in the cabin, an adequate flexible waterproof animal travel bag and, for carriage in the hold, an adequate stable animal transportation container. Any animal transportation bag/container must sufficiently protect the animal against inner and outer damages of air transport. JFU does not assume any responsibility for damages resulting from an insufficient animal transport bag/container.
Guide dogs will be carried free of charge in the cabin, in compliance with section 10 (2) and (3).
JFU does not accept liability for any injury of the animal due to air carriage. The acceptance of the animal for air transportation is subject to the passenger taking full responsibility for the animal. The passenger is responsible for all veterinary examinations and obtaining the documents required for the animal to enter the country of destination.
On flights to and from the UK, Ireland and Sweden we are unable to carry any animals (including guide dogs) due to strict legal regulations.
JFU reserves the right to finally decide whether or not and how an animal will be carried. Any transportation of animals is subject to prior notification and reconfirmation via the JFU Customer Service Centre.
12. Snacks / Drinks
Light snacks and drinks are sold on board.
13. Non-smoking flights
All JFU flights are non-smoking flights.
14. Damage / Loss of baggage
(1) JFU shall only be responsible for damages occurring in the period during which the baggage is in the charge of JFU, if the passenger has a valid contract of carriage for this flight.
(2) Liability for loss of, delay of or damage to baggage is limited according to the conditions outlined in section 24(3). We strongly recommend obtaining additional baggage insurance.
(3) In case the baggage tag does not indicate the weight of the checked baggage it is deemed that the weight does not exceed the free baggage allowance.
(4) JFU is not responsible for damages caused by baggage belonging to a passenger. If objects from a passenger's baggage cause damage to baggage of other passengers or to the property of JFU, the owner of the baggage is liable for the damage that occurred.
(5) If checked baggage contains objects that are not authorised by the Conditions of Carriage (COC), JFU cannot be held responsible for damages caused to these objects or their loss, except if this occurred due to wilful misconduct or gross negligence on the part of JFU. Reference is made here to sections 17, paragraph (6), and 24, paragraph (3).
(6) JFU's liability is in any case limited to proven damages and in the case of contributory negligence on the part of the passenger reimbursement by JFU will be reduced accordingly .
For more information, we refer the reader to the clauses concerning liability in section 24.
15. Report of baggage damages and losses
(1) The passenger must immediately declare any damage to baggage to the carrier's agent at the airport by completing a damage report.
(2) Any claim in case of damage to baggage is excluded unless the person entitled to delivery notifies the carrier immediately upon discovery of the damage, at the latest within 7 days from the date of receipt. Every complaint must be made in writing and delivered or sent within the time limits mentioned herein.
(3) Receipt of baggage by the holder of the baggage tag without written complaint is prima facie evidence that the same has been delivered undamaged and in accordance with the contract of carriage. Suitcases and similar bags serve for the protection of their contents and must be able to withstand scratches and pressure.
(4) Loss of baggage has to be notified immediately to the agent of the carrier at the airport upon arrival.
Loss will then be recorded and investigated through a worldwide search system.
16. Safety regulations/Restricted baggage
(1) For safety reasons passengers are not allowed to use any private electronic equipment during take-off or landing. Passengers are not allowed to use mobile phones during the entire flight. Use of other electronic equipment is subject to prior permission from the crew.
(2) Passengers are not allowed to carry the following items:
objects which are not travel paraphernalia, i.e. objects not required for the journey;
- objects which can be used to endanger the aircraft, persons or objects on board, especially explosives, compressed gases, oxidizing, radioactive, corrosive, magnetic, inflammable or toxic substances as well as fluid of all kinds, i.e. all substances, materials and things which are classified in the applicable regulations on dangerous goods.
- Objects that in JFU's opinion are not acceptable for carriage due to their weight, size or nature.
(3) The passenger is not permitted to carry or to transport in his checked or hand baggage weapons of any kind, especially firearms, shooting or cut-and-thrust weapons or pressurized containers, which can be used for attack or defence purposes. The same applies to ammunition or explosives of all kinds.
For sporting weapons and ammunition, the conditions for special baggage apply.
The passenger is required to notify JFU prior to boarding if he is carrying objects which might appear as weapons, munitions or explosives. JFU only permits the carriage of such objects if they comply with the applicable regulations on dangerous goods and are transported as freight or checked baggage.
This does not apply to security personnel who have to carry weapons when on duty. These persons have to hand over their weapons to the Pilot in Command during the flight (according to JFU special rules).
(4) JFU reserves the right to refuse carriage of objects as mentioned in the above paragraphs.JFU also reserves the right to refuse to continue the carriage if such an object is discovered during the flight.
(5) The following objects are not permitted to be carried in the cabin: toy weapons and arms (plastic or metal), catapults, cutlery, razor blades (no matter if safety or open blades), toys which can be used as a weapon, knitting needles, big sporting rackets or clubs, billiard-, snooker- or pool cues and any kinds of sharp objects or weapons. These objects, if allowed, can only be carried in the checked baggage and have to be taken out of the hand baggage prior to the flight. The same applies to nail scissors, nail files, handle combs and syringes (except in cases of proven medical indication). In all cases carriage of the above mentioned objects and substances in the cabin is not permitted
(6) It is not permitted to carry in the checked baggage fragile or perishable objects, or objects of great value such as money, jewellery, precious metals, computers, cameras, mobile phones or other electronic equipment, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification and other documents.
17. Carriage of passengers presenting complete and valid travel documents only
JFU carries only passengers presenting at the check-in counter complete and valid travel documents, including the confirmation number and a valid passport or valid ID card and visa, when required.
Each passenger is responsible for carrying complete and valid travel documents, documents of carriage and identity papers complying with the regulations of the countries of departure and destination (including required visas, etc.). This also applies for children and infants (required entry in passport or ID of legal guardian). The same applies for additional documents necessary for air transportation to the country of destination such as doctor's certificates, certificates of inoculation etc. and also for the carriage of animals. Certain countries may require a form of authorization of the legal guardian for passengers under the age of 18 years.
If these conditions are not met, carriage can be denied..
JFU is obliged by law to refuse carriage if the regulations for departure or entry of the country of departure or destination are not met, or if required documents are not presented.
Important: Passengers who are not citizens or legal residents of a EU country and are travelling from Morocco on a tourist visa must be in possession of a return ticket in compliance with current regulations.
18. Pilot's authority
The Pilot in Command shall at all times be entitled to take all necessary measures for safety reasons. Therefore the pilot has authority to decide with regard to passenger seating as well as loading, placement and unloading of baggage. The pilot decides whether or not and how the flight is operated. The same applies if the behaviour or the physical or mental condition of a passenger requires extraordinary assistance on behalf of the crew.
19. Behaviour on board
If the passenger prior to boarding or on board behaves in a way such that :
- the aircraft, persons or objects on board are endangered or
- the crew is hampered in performing their duties, or
- instructions of the crew are not followed, especially with regard to smoking, consuming of alcohol or drugs, or
- other passengers or crew are unreasonably burdened, injured or damage is caused,
JFU may take all reasonable and required measures to terminate the consequences of the behaviour.
JFU is entitled to refuse carriage or onward carriage of the passenger on the respective flight and/or on all routes operated by JFU, if necessary and appropriate. Misdemeanours committed on board a plane are punishable by law.
20. Restriction / Refusal of carriage
JFU is entitled to refuse carriage or onward carriage of a passenger or his baggage if one or more of the following occurs:
a) carriage of passenger would violate applicable law, regulations or requirements of the country of departure or destination or the country flown over;
b) carriage would impair the safety, order or health of passengers or crew or would cause an unreasonable burden;
c) the mental or physical condition of the passenger - including a condition induced by alcohol or drugs - would cause a danger or risk to the passenger himself, other passengers, crew or objects;
d) the passenger refuses a security check of himself or his baggage;
e) the passenger has not paid the valid fare, any due taxes or other charges and fees, including any such debts for previous flights;
f) the passenger does not carry all documents required for the departure/entry of the country of destination with him (section 5), carries no valid travel documents, destroys these documents during the flight or refuses to hand over these documents to the crew against a receipt;
g) the passenger presents no or an incorrect confirmation number, the booking for the presented booking number does not comply with the produced photo ID or the passenger cannot prove that he is the booked person;
h) the passenger violates security directions / instructions or domiciliary rights of JFU;
i) the passenger is carrying restricted/unauthorised baggage;
j) the passenger has committed one of the above mentioned actions or omissions in the past which endangered the safety, order or health of other passengers, crew or property of JFU or JFU gave an off-limits order to the passenger.
k) a child aged between 12 and under 16 years, not accompanied by his/her legal guardians, does not present the written consent of his/her legal guardian (see section 10).
Carriage by JFU is limited to the booked non-stop flight with JFU and does not concern connecting flights. JFU can not provide or guarantee reaching connecting flights. Limitation of liability according to section 24 (1), paragraph 2 applies. Nevertheless, if you wish to combine several JFU non-stop flights or JFU flights with flights of other airlines this is at your own risk. In any case we recommend to plan sufficient time in between flights in order to take into account unforeseen events, which might always occur in aviation.
21. Denial of carriage
JFU reserves the right to cancel a flight/booking if the performance of the booked flight is impaired, imperilled, affected or made impossible due to force majeure such as war, riots or natural disasters not foreseen at the time of booking.
JFU also reserves the right to cancel a flight/booking if the performance of the booked flight is impaired, affected or made impossible due to reasons not foreseen at the time of booking for which JFU is not responsible, such as adverse weather conditions, security risks, strike of air traffic control or airport personnel or administrative rulings not caused by JFU, (such as denied landing or transit rights).
22. Overbooking
According to Regulation (EC) 261/2004, JFU offers, in cases of denied boarding, cancellation and long delay of flights, compensation and assistance as stipulated in the Regulation. These obligations are excluded in cases where the cancellation or delay has been caused by extraordinary circumstances such as bad weather conditions, security risks, unexpected flight safety shortcomings, strikes etc.
23. Liability
(1) General
Carriage of persons, baggage and freight hereunder within and without the European Community is subject to the limited liability regulations the Warsaw Convention for the Unification of Certain Rules to International Carriage by Air dated 12 October 1929 or as amended through the Hague Protocol dated 28.09.1955, depending on whether the carriage is domestic or international carriage according to the definition of the Warsaw Convention and/or the Montreal Convention.
Carriage is subject to the limited liability regulations of the Warsaw Convention dated 12 October 1929 or as amended through the Hague Protocol dated 28.09.1955, whichever applies to the contract of carriage, (collectively referred to as the 'Warsaw Convention' hereafter), except if the carriage is not considered international carriage according to the definition of the Warsaw Convention.
JFU's liability shall not under any circumstances exceed the amount of proven damages. JFU is only liable for indirect or consequential damages if such damage is caused by gross negligence or wilful misconduct on the part of JFU; notwithstanding the provisions of the Warsaw Convention and the Montreal Convention, which remain unaffected.
If there has been contributory negligence to the damage on the part of the aggrieved party, JFU's liability shall be subject to the applicable law relating to contributory negligence in view of exclusion or reduction of the claim for damage.
JFU is not liable for any damage due to its compliance with any laws or governmental regulations, orders or requirements resulting from the failure of the passenger to comply with same.
With respect to errors or omissions in timetables or other publications of schedules or to statements or representations made by employees, agents or representatives of JFU as to the dates or times of departure or arrival or as to the operation of any flight, JFU shall be liable only in the event of wilful misconduct and gross negligence.
Any exclusion or limitation of liability of JFU shall apply to and be for the benefit of agents, servants, employees and representatives of JFU and third parties whose aircraft is operated by JFU and their respective agents, servants, employees and representatives. The aggregate amount recoverable from JFU and from such third parties, their agents, servants and representatives shall not in any case exceed the amount of JFU's limit of liability.
Unless expressly provided, nothing herein shall waive any exclusion or limitation of liability of JFU under the Warsaw Convention, the Montreal Convention or applicable European or national laws and regulations.
(2) Personal damages
The liability of JFU in respect to each passenger for death, wounding or other bodily injury is subject to Aviation Law, EEC regulation 2027/97 ; for international carriage as defined by the Warsaw Convention or the Montreal Convention it is subject to the regulations of the Warsaw Convention and the Montreal Convention, EEC regulation 2027/97 as well as these JFU Conditions of Carriage, for all other carriage it is subject to the applicable law and these JFU Conditions of Carriage.
In case of death, wounding or other bodily injury of a passenger, JFU will not invoke the limitation of liability according to Article 22 (1) of the Warsaw Convention or other national or European air law and will not avail itself of any defence under Article 20 (1) of the Warsaw Convention or other national or European law with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR). For damages exceeding 100,000 SDRs the objections of Art. 21(2) of the Montreal Convention and other objections according to European and national law and these Conditions of Carriage apply.
To the extent the above paragraphs do not determine otherwise, the limitations of the Warsaw Convention, the Montreal Convention or the applicable European or national law apply.
In case of accidents causing death, or bodily injury of a passenger, JFU will without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make an advance payment as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the event of death the advance payment will not be less than the equivalent in euros of 16,000 SDR per passenger. The advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of liability of JFU. The advance payment is not repayable, except in cases of Art. 20 of the Montreal Convention resp. where it is subsequently proven that the person who received the advance payment was not the person entitled to compensation or caused or contributed to the damage by negligence.
If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, JFU shall not be liable for any personal damage (including death), provided such personal damages are attributable to such condition.
Passengers for whom carriage by air may be dangerous for one of these reasons are obliged to notify JFU in advance so that JFU can check whether or not and under which conditions carriage may be performed without endangering passengers' health. In cases of doubt JFU has the right to deny carriage.
(3) Damage to baggage
The liability of JFU for loss of baggage is limited on international flights in cases the Warsaw Convention applies for checked baggage to the amount of € 20 per kilogram and for hand baggage to the total amount of € 547.00 maximum per passenger. For domestic flights and according to the Montreal Convention the liability for baggage is limited to an amount 1,000 SDR maximum per passenger (rounded amount in Euros).
These limitations of liability do not apply if the damage is caused intentionally or recklessly by JFU as defined by the Warsaw Convention and/or the Montreal Convention.
The responsibility of JFU can only be engaged for damages to fragile or perishable objects, computers or other electronic equipment, jewellery, precious metals, money, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification documents, etc. contained in checked baggage, with JFU's knowledge or not, if JFU wilfully caused the damages or committed gross negligence; the conditions of the Warsaw Convention remain applicable.
JFU is not liable for damage to passengers' baggage caused by objects contained in the passenger's baggage unless such damage were caused by gross negligence or wilful misconduct on the part of JFU. Any passenger whose property causes damage to another passenger's baggage or to the property of JFU shall reimburse JFU for all losses and expenses incurred by JFU as a result thereof and shall indemnify JFU against any claims of the other passengers/third parties. JFU's liability is in any case limited to proven damages and in the case of contributory negligence on the part of the passenger reimbursement by JFU will be reduced accordingly.
24. Time limits for claims and legal actions
(1) Notification of damages
For notification of damaged or delayed baggage section 16 of these Conditions of Carriage applies.
(2) Time limits for claims and legal action
Any claim for damages shall be excluded if an action is not brought to court within 2 years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating this period will be determined by the law of the competent court.
25. Data protection and data security
Personal data (name, address, phone number, credit card details etc.) are essential for booking. Protection of the passengers´ personal data is very important for JFU. Data will be stored via electronic data processing and protected in compliance with the French law as well as additional applicable regulations on internet data protection. In addition, JFU Data Protection regulations under the http://www.jet4you.com/ "Privacy Policy" apply.
26. Right to adjust fares
JFU reserves the right to adjust confirmed fares in cases of implementation of a new or increase of an existing fee such as airport charges or taxes, calculated on a flight or passenger basis. The adjustment shall be passed on 1:1, based on each passenger or seat. JFU shall only be entitled to make adjustments if the time between booking and departure exceeds 4 months.
JFU also reserves the right to adjust confirmed fares due to an objectively justified, relevant and non-foreseen increase of fuel cost to and to an extent justified by the increase. JFU shall only be entitled to make adjustments if the time between booking and departure exceeds 4 months. The fare increase due to increased fuel costs is calculated according to the price difference between the fuel purchase price at the time of the booking and the fuel purchase price at the time of claiming the increased fare. The resulting increased fuel costs, based on fuel consumption for the booked flight, will be divided by the number of seats of the respective aircraft type.
In case of any fare adjustment, JFU must inform the passenger as soon as possible and at latest 21 days prior to departure. If the fare increase amounts to more than 5% the passenger is entitled to cancel the booking free of charge or to request for carriage on an equivalent flight if JFU is able to provide such flight for the booked fare. The passenger is obliged to assert these rights immediately upon notification of the fare adjustment by JFU.
27. Alteration of Conditions
No agency, employee or other third party shall be entitled to alter or add to these Conditions of Carriage or to waive their applicability.
28. Legal jurisdiction
For claims and actions arising from or in connection with passenger carriage by JFU, the courts of Casablanca , in Morocco, shall be legally competent, unless designation of another exclusive court is justified. This clause does not apply within the scope of application of the Warsaw Convention or the Montreal Convention or for non merchants whose general place of jurisdiction is in Morocco.
29. Invalidity of provisions
In case one or more of the provisions contained in these Conditions of Carriage should be or become invalid the validity of the remaining provisions shall not be affected. In cases of doubt the French version of these Conditions of Carriage shall prevail.
Please note following:
Notice a.c.c. Regulation (CE) 2027/97, (CE) 889/02
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death For damages up to 100 000 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximate amount in local currency).
Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 150 SDRs (approximate amount in local currency).
EN Official Journal of the European Communities 30.5.2002 L 140/5
Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 000 SDRs (approximate amount in local currency).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 000 SDRs (approximate amount in local currency). In the case of checked baggage, the carrier is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints concerning baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. Liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
Note:
The liability of JET4YOU ("JFU") as Community air carrier in respect of destruction, loss of, damage to or delay of baggage is limited to 1,000 Special Drawing Rights (“SDR”, approximate amount in local currency). For baggage greater in value than this figure a special declaration of interest in delivery at destination should be brought to our attention at check-in or baggage should be fully insured by the passenger prior to travel. If passenger has made a special declaration of interest and has paid a supplementary sum JFU will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination. In case of damage caused by delay in the carriage of persons the liability of JFU is limited to 4,150 SDR.
For travel to final destinations or stopover points in another country other than the country of departure, passenger carriage can come under the rules of the Warsaw Convention which generally limits the liability of the carrier for damages due to injury or death as well as loss or damage to baggage.
Carriage is subject to applicable JFU conditions of carriage and other JFU conditions.